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Recently asked questions about conveyancing in Birkenhead

Last April we completed a house move in Birkenhead. We have noticed several problems with the house which we suspect were overlooked in the conveyancing searches. Do we have any recourse? Can you clarify the nature of searches that needed to have been carried out for conveyancing in Birkenhead?

The query is not clear as what problems have arisen and if they are unique to conveyancing in Birkenhead. Conveyancing searches and due diligence initiated during the buying process are carried out to help avoid problems. As part of the process, a property owner fills in a form referred to as a Seller’s Property Information Form. If the information is misleading, you may have a misrepresentation claim against the owner for any losses that you have suffered. The survey should have identified any problems with the structure of the property. Assuming a detailed survey was carried out and the issues were not identified, you may have a claim against the surveyor. However, if you did not have a full survey, you may be responsible for fixing any defects that have now been noted. We would always encourage buyers to take every possible step to ensure they are completely aware of the condition of a property before purchase regardless of whether they are buying in Birkenhead.

I am assisting my aunt sell her property in Birkenhead. Will the conveyancing solicitor arrange an energy performance certificate or it is for me to see to?

Following the abolition of Home Information Packs, energy assessments remained a compulsory element of selling a house. An energy assessment must be to hand prior to the property being advertised. This is not something that solicitors normally arrange. Where you are instructing a Birkenhead conveyancing lawyer they may help arrange energy assessments due to their relationships with reputable Birkenhead assessors

We were going to get a AIP from Principality this week so we can work out what to offer on a property we like as otherwise we are dependent on web based calculators (which aren't taking into account credit checks etc). Do Principality recommend any Birkenhead solicitors on the Principality conveyancing panel, or is it better to find our own lawyer?

You will need to appoint Birkenhead solicitors independently although you'll need to choose one on the Principality conveyancing panel. The solicitor represents both you and Principality through the process.

I am selling my apartment. I had a double glazing fitted in August 2006, but did not receive a FENSA certificate or Building Regulation Certificate. My purchaser’s mortgage company, Santander are being problematic. The Birkenhead solicitor who is on the Santander conveyancing panel is saying indemnity insurance will be fine but Santander are insisting on a building regulation certificate. Why do Santander have a conveyancing panel if they don't accept advice from them?

It is probably the case that Santander have referred the matter to their valuer. The reason why Santander may not want to accept indemnity insurance is because it does not give them any reassurance that the double glazing was correctly and safely installed. The indemnity insurance merely protects against enforcement action which is very unlikely anyway.

Just acquired a semi-detached house in Birkenhead , how long should it take for the Land Registry to register the transfer to my name? My Birkenhead conveyancing solicitor has been very slow, so I want to check the registration is dealt with.

As far as conveyancing in Birkenhead is concerned, registration is no faster or slower than anywhere else in the country. Rather than based on location, timeframes can vary depending on the party submitting the application, whether it is in order and if the Land registry need to notify any interested persons or bodies. As of today approximately three quarters of submission are fully dealt with within two weeks but occasionally there can be extensive hold-ups. Registration is effected after the new owner has moved in to the property so 'speed' is not always an essential issue yet where there is a degree of urgency associated with the registration then you or your lawyers must communicate with the Registry to express the reasoning for the application to be prioritised.

I am a negotiator for a long established estate agency in Birkenhead where we see a few flat sales put at risk due to leases having less than 80 years remaining. I have received inconsistent advice from local Birkenhead conveyancing firms. Can you clarify whether the seller of a flat can initiate the lease extension formalities for the purchaser on completion of the sale?

Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to kick-start the lease extension process and assign the benefit of the notice to the purchaser. This means that the buyer need not have to sit tight for 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment has to be done prior to, or simultaneously with completion of the disposal of the property.

An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

I own a leasehold flat in Birkenhead, conveyancing was carried out 3 years ago. How much will my lease extension cost? Equivalent flats in Birkenhead with a long lease are worth £191,000. The ground rent is £55 yearly. The lease runs out on 21st October 2078

With just 53 years unexpired we estimate the price of your lease extension to range between £27,600 and £31,800 as well as professional fees.

The suggested premium range above a general guide to costs for extending a lease, but we cannot give you the actual costs without more comprehensive investigations. Do not use this information in a Notice of Claim or as an informal offer. There are no doubt additional issues that need to be considered and clearly you should be as accurate as possible in your negotiations. Neither should you take any other action placing reliance on this information without first getting professional advice.

I happen to be an executor of my recently deceased aunt’s Will, with a bungalow in Birkenhead which will be sold. The property is unregistered at the Land Registry and I'm told that many estate agents will insist that it is completed before they will move forward. What's the procedure for this?

In the situation that you have set out it seems prudent to apply to register in the names of the personal representative(s) as named in the probate and in their capacity as PRs. HMLR’s online guidance explains how to register for the first time and what is required re the deeds and forms. You would need to include and official copy of the probate as well and complete the form FR1 to refer to the PRs as the applicant.

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